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May 5, 2000
Vol. 30, No. 130
For more information contact Ali Mirzakhalili, Air Quality Management,
302-323-4542,
or Don White, Information and Education, 302-739-4506
DNREC Announces Settlement with Clean Earth of New Castle
Department of Natural Resources and Environmental Control Secretary
Nicholas A. DiPasquale announces that a negotiated settlement of a $25,000
penalty and $30,000 contribution to the Biodiversity Task Force has
been reached between DNREC and Clean Earth of New Castle, Inc. The company
is located at 94 Pyles Lane, New Castle.
Clean Earth is a non-hazardous treatment facility for soils contaminated
with hydrocarbons from gasoline, residual oil, distillate oil and waste
oil. The company also treats soils from manufactured gas plant sites,
provided the sites meet the criteria for non-hazardous material.
The original notification of a $70,000 administrative penalty assessment
was issued on Aug. 2, 1999 by Secretary DiPasquale when Clean Earth
was found to be in violation of 15 different counts of air and waste
regulatory and permit conditions as a result of facility inspections
and citizen complaints. The violations covered a period from December
1996 to December 1999. The following finding of facts were cited in
the original Order:
· On July 30 and Oct. 30, 1998, Clean Earth was cited for not
reporting incidents in a timely manner. Significant differences between
incident reports and logbook entries were discovered during an inspection
of the facility in September of that year;
- Numerous other air permit violations were noted during the Sept.
9-10, 1998 inspection; and
- Construction and operating without a proper permit for a period
from March 30 to July 8, 1999.
Solid Waste Management personnel conducted compliance inspections on
December 9, 1996; January 23, 1997; April 16 1998; and November 6, 1998
and annotated violations, which were included in the penalty assessment
finding of facts.
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Document No. 40/01/00/04/04
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